EASTHAM CONSERVATION COMMISSION
12 May 2009
MINUTES
PRESENT: Steve Smith, Glenn Collins, David Hoerle, Dennis Murley, Steven
LaBranche, Judith Williams .
STAFF PRESENT: Deputy Natural Resource Officer Amy Usowski.
ALSO PRESENT: Carolyn Bevis, Sandra Larsen, Denis Dugas, Scott Goddard,
Jennine Furrer, Ed Steinbauer.
APPROVAL OF MINUTES
Some minor corrections were made to the Minutes of 28 April 2009, Mr. Collins
MOVED and Mr. Hoerle SECONDED the Motion to approve the Minutes of 28 April
2009.
THE VOTE WAS 5 IN FAVOR WITH MS. WILLIAMS ABSTAINING.
MOTION CARRIED. MINUTES OF 28 APRIL 2009 APPROVED.
7:06 P.M. Administrative Review, Canu, 610 Samoset Road, Map 14,
Parcel 088.
Deputy Usowski explained this AR to the Commissioners. The Can us want to
remove a couple of trees at the above property. Deputy Usowski told the
Commission that a large Pine snapped and is leaning on a smaller Pine in the back
yard near Great Pond. She said the yard is pretty well vegetated and they are not
removing the trees for a view or anything of that nature. She said it's more of a
safety issue.
Ms. Williams said she remembers quite a history with this piece of property and that
the Commission tried very hard to keep them from mowing all the way down to the
pond, She said the Commission asked for more habitat when the asked for
approval to add on to the house, but it doesn't seem to be a "No Mow" Zone.
EASTHAM CONSERVATION COMMISSION
12 MAY 2006
MINUTES.
Chairman Murley said that each of these matters should be handled separately.
Deputy Usowski said she would check on the previous Order of Conditions.
There was no further discussion. Mr. Collins MOVED and Mr. Smith SECONDED
the Motion to ratify this Administrative Review
SO VOTED UNANIMOUSLY.
7:15 P.M. Request for Determination of Applicability filed by Denis J. &
Linda S. Dugas, 35 Boundary Lane, Map 10, Parcel 407.
Chairman Murley announced this hearing. Mr. Dugas was present and told the
Commission that he bought the house at 35 Boundary Lane which is really
distressed. He said the back yard was overgrown pretty much up to the house and
all the back walls were rotten and the roof leaks. He said he needs to re-build the
walls and put a new roof on and he would like to make one section of the house two
stories.
Mr. Dugas said the back yard is really tight and there is probably a little less than
30' to the wetland. He said there was an existing rotten metal fence back there
which he removed and he would like to replace it with a split-rail fence in the same
location and then let the rest of the yard revert to a "Cape Cod lawn". He said that
he found out last week that his well is only 4' down, so he needs to sink a new well
in the exact same location.
Mr. Dugas said his future plans are to build a new shed on the property also.
Mr. Dugas said that all the work will be done by him and his sons, there will be no
change to the foundation or footprint. Deputy Usowski said that as far as the
cutting, she said that she and Mr. Dugas had discussion about some vegetation
removal because the area was full of trash. She said there are lots of signs of re-
sprouting and that it's Mr. Dugas' intention to keep a bit of space between the
vegetation and the house so that no rot happens on the house.
Mr. Dugas showed the Commission his plan for the split-rail fence and said he
intends to leave a 10' space of natural vegetation and leave the rest of the back
yard a "Cape Cod lawn".
Deputy Usowski said she has no problem with the work on the house but the
Commission generally likes to see a "No Mow" zone from the resource, delineated
by a spit-rail fence or rocks that doesn't get touched. Chairman Murley said he
would like to see perhaps a 20' "No Mow" zone. Mr. Dugas said the fence right now
is only 20' from the house and the National Safety Council says a defensible fire
zone is 30'. It was agreed that Deputy Usowski could meet with Mr. Dugas at the
site and measure the dimensions for the "No Mow" zone.
EASTHAM CONSERVATION COMMISSION
12 MAY 2006
MINUTES.
After brief further discussion, Chairman Murley closed this hearing. Mr. Hoerle
MOVED and Mr. Collins SECONDED the Motion to issue a Negative Determination
for Reason #3.
SO VOTED UNANIMOUSLY.
7:35 P.M. Continuation of Hearing on Notice of Intent filed by Frank & Janet
Bianco, 290 Saltworks Road, Map 04, Parcel 005A.
Chairman Murley announced this hearing and read a letter from Peter J. Markunas
of Woods Hole Group requesting that this hearing be continued until 23 June 2009.
Mr. Collins MOVED and Ms. Williams SECONDED the Motion to continue this
hearing until 23 June 2009.
SO VOTED UNANIMOUSLY.
7:40 P.M. Administrative Review, Gooding, 1625 State Highway, Map 18,
Parcel 307 A.
Deputy Usowski explained to the Commissioners that the Goodings are putting up
some fencing, part of which is more than 100' away from the wetland, but part of it is
within the 90' - 100' Buffer Zone. She said the Goodings do not plan to have a
space at the bottom of the fence, which Commission usually requires, but that may
be a good thing to keep the wildlife in as the property is right on Route 6.
There was discussion relative to the fact that the Conservation traditionally requests
that there be space left at the bottom of the fence for the passage of wildlife. It was
suggested that the applicant either raise the fence so there is at least 6" of
clearance at the bottom or that the applicant dig a trench along the bottom of the
portions of the fence which have already been installed.
There was no further discussion and Chairman Murley closed this hearing. Ms.
Williams MOVED and Mr. Collins SECONDED the Motion to ratify this
Administrative Review and that Deputy Usowski speak with the Applicants about
either raising the fence 6" of digging a trench for wildlife passage at the bottom of
the fence.
SO VOTED UNANIMOUSLY.
7:45 P.M. Continuation of Hearing on Notice of Intent filed by Town of
Eastham, 0 Salt Works Road, Map 04, Parcel 009.
Chairman Murley announced this hearing. Deputy Usowski told the Commissioners
that there was a bit of confusion about where this site actually is. She said the
EASTHAM CONSERVATION COMMISSION
12 MAY 2006
MINUTES.
subject site has no existing stairs on it. She said it is where everyone in the
neighborhood uses the dune as an access point and they would like to control the
traffic. She said a continuance until 26 May is requested in order to straighten out
some paper work.
Chairman Murley closed this hearing. Mr. Hoerle MOVED and Mr. Smith
SECONDED the Motion to continue this hearing until 26 May 2009.
SO VOTED UNANIMOUSLY.
8:50 P.M. Administrative Review, Hale, 75 Bayview Drive, Map 13, Parcel 013.
Commissioner Hoerle recused himself from this hearing.
Deputy Usowski told the Commission that the Applicant has nine trees on his
property which are dead, most likely because of the Turpentine Beetle. She said
there are three trees right on the top of the Coastal Bank which are dead. She said
there is a decent shrub layer underneath. The Applicant would like to cut down the
trees and have them taken off site to be disposed.
Deputy Usowski went on to say that it doesn't look like other trees in the area are
effected. She said this is the first infection she has heard about in this area of town.
Deputy Usowski said the Applicant is happy to leave the root systems intact on the
three trees which are on the Coastal Bank.
There was brief discussion regarding planting a few more native shrubs in the area.
Mr. Smith asked about the sprinkler system. Deputy Usowski said she believes that
there is a "No Irrigation within 100'" condition on this property under a previous
Order of Conditions for re-construction of the house, but she will check.
Ms. Williams MOVED and Mr. Collins SECONDED the Motion to ratify this
Administrative Review.
SO VOTED UNANIMOUSLY.
Commissioner Hoerle returned to the meeting room.
Commissioner Williams reminded the Commission that she was not in attendance
for the next two upcoming hearings. Deputy Usowski said the if Ms. Williams feels
as though she has a firm grasp on what transpired at those meetings and that she
understands the plans, it is up to the Applicants to decide if they wish her to vote on
their applications.
EASTHAM CONSERVATION COMMISSION
12 MAY 2006
MINUTES.
8:00 P.M. Certificate of Compliance, Russo DEP SE 19-1228, 35 Bayberry
Lane, Map 13, Parcel 159.
Deputy Usowski said that at the last meeting a Partial Certificate of Compliance
should have been issued instead of a Complete Certificate of Compliance as the
Applicant will need to continue nourishment and also wish their maintenance
condition to continue. She said that in the past, Partial Certificates of Compliance
have been issued for all those Orders with an Annual Nourishment condition.
Deputy Usowski said it would be necessary to vote to rescind the issuance of the
Complete Certificate of Compliance and then to vote to issue a Partial Certificate of
Compliance.
Ms. William MOVED to rescind the vote to issue a Complete Certificate of
Compliance for DEP SE 19-1128 and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to issue a Partial
Certificate of Compliance for DEP SE 19-1228 with the Nourishment condition and
the Maintenance conditions to be ongoing.
SO VOTED UNANIMOUSLY.
8:05 P.M. Certificate of Compliance, Mouchantat DEP SE 19-1221, 405
Shurtleff Road, Map 07, Parcel 145.
Deputy Usowski said the same situation pertains to this Order of Conditions for
which a Complete Certificate of Compliance was issued. She said the Nourishment
condition needs to continue.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to rescind the vote to
issue a Complete Certificate of Compliance for DEP SE 19-1221.
SO VOTED UNANIMOUSLY.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to issue a Partial
Certificate of Compliance for DEP SE 19-1221.
SO VOTED UNANIMOUSLY.
EASTHAM CONSERVATION COMMISSION
12 MAY 2006
MINUTES.
8:07 P.M. Request for Certificates of Compliance, White DEP SE 19-1003 &
SE 19-1159,1755 State Highway, Map 18, Parcel 310.
Deputy Usowski explained that Mr. White had never done any work under these
Orders of Conditions. He has now sold the property and the new owner was issued
an Amended Order of Conditions for the property.
Mr. Collins MOVED and Mr. Smith SECONDED the Motion to issue a Certificate of
Compliance for DEP SE 19-1003.
SO VOTED UNANIMOUSLY.
Mr. Collins then MOVED to issue a Certificate of Compliance for DEP SE 19-1159
and Mr. Smith SECONDED the Motion.
SO VOTED UNANIMOUSLY.
8:15 P.M. Continuation of Hearing on Notice of Intent filed by Jeannine
Furrer, 245 Mary Chase Road, Map 18, Parcel 081A.
Chairman Murley announced this hearing. Scott Goddard of Carr Research
Laboratory, Inc. was present along with the Applicant. Mr. Goddard told
Commissioner Williams they would be happy for her to participate in this hearing.
He summarized what the proposal is and the changes in the plans and the
document dated 4 May 2009 which outlines how the project complies with the
Performance Standards of the Wetlands Protection Act and subsequently with the
Eastham Wetlands Protection By-law.
Mr. Goddard gave a review of the project site and the proposal to remove a
significant amount (3,000 sf.) of existing grass and replace that with planting beds
and to expand the existing planting beds. They also propose replacement of the
compact gravel/grass driveway with pervious driveway material using 3/4" crushed
stone. Additionally, entry walkways are proposed with paving stones, placed on
sand with 1-3" spaces in between to allow for infiltration. He said the resource
areas directly impacted would be the Coastal Bank where they propose replacing
an old creosote, railroad tie wall with a stone wall and Land Subject to Coastal
Storm Flowage where there will be slight changes in elevation due to landscaping.
He said this is a landscaping project combining softscaping with hardscaping on an
existing landscaped area primarily within the Buffer Zone to a Coastal Bank.
Mr. Goddard said the changes from the last meeting to this meeting are minor but
address what he thinks were the concerns of the Conservation Commission. He
said that first of all they modified the planting plan which has 240 plants in total and
EASTHAM CONSERVATION COMMISSION
12 MAY 2006
MINUTES.
added an additional 20 plants from the Native Plant List provided by the
Conservation Commission. Secondly, he said they clarified the details on what was
proposed for the driveway and it is now clarified that there are some cobblestones
incorporated into it and they also added an additional infiltration area by the deck.
He said they also added an additional landscaped bed area.
Mr. Goddard reviewed the supplemental information submitted on 4 May 2009, and
detailed where work would be done by hand and where machinery would be used.
He outlined how he feels the proposal complies with the Performance Standards of
the Wetland Protection Act and the Eastham Wetland Protection Bylaw. He said he
thinks they've made some good improvements to the proposal and feels that they
have a very viable project.
Deputy Usowski thanked Mr. Goddard for their additional work and said she's
happier with the driveway and the cobblestone spacing. She had a question about
the drainage by the house and Mr. Goddard explained the grading on the plan.
Deputy Usowski suggested that all work on the top of the Coastal Bank be done by
hand and said she likes the additional plantings.
Mr. Hoerle said he appreciates the plant changes. Mr. Murley said by making the
Northwest corner contiguous rather than it being an island is a huge step in the right
direction. Mr. Murley asked how many cobblestones would be in the driveway and
Ms. Furrer said she can't really say but will work with the Commission on it. Mr.
Murley said that because of the gentle slope he thinks that a silt fence would be fine
rather than hay bales. Mr. Murley said a secondary barrier might be installed off the
back of the house delineating where no machines should be used.
Mr. Smith said he's concerned, from completely practical experience, that if a
Bobcat is used to excavate for the walkways instead of a shovel and wheelbarrow,
there will be more damage done to the property and the repair time will be greater.
Mr. Goddard suggested that any work within 25' of the Coastal Bank would be done
by hand. Deputy Usowski said it could be marked out before work starts. Mr. Smith
said to make it 30' and he will be happy with that. Ms. Furrer said that seemed
reasonable. Mr. Hoerle said he agreed with Mr. Smith about the collateral damage.
Mr. Smith said the area is small enough and could be handled by two men.
Mr. Collins asked Mr. Goddard how he came up with the calculation that the site is
mapped as Class A sandy soil. Mr. Goddard said it comes from, using the NRCS soil
mapping criteria. Mr. Collins said the neighborhood is known for lots of clay. Mr.
Collins asked how water is going to make it's way through 1,000 sf. of
non-permeable stone and Mr. Goddard said the water would run off into the spaces
in between the stones.
EASTHAM CONSERVATION COMMISSION
12 MAY 2006
MINUTES.
Ms. Williams said the Buffer Zone is just as important to her as the resource. She
said doesn't understand the use of so much stone in such a natural area. Ms.
Furrer said stone is natural and she feels it is compatible with the setting. Ms.
Furrer said she intends to water the plantings with a hose and Deputy Usowski
suggested the use of a drip line as no underground irrigation is allowed by the
Commission. Ms. Williams said she feels the Eastham Wetland Protection Bylaw is
clear in that they want as little as possible done in the 50' from the bank and this
proposal is a lot of activity in that area and for her taste it is too much.
There was more discussion about the stone patio and the drainage capacity. Mr.
Smith said he understands their point from the aesthetics but there has to be a little
bit of give and take. Mr. Goddard said there is plenty of opportunity for water to
soak in at this site and pointed out that single-family houses are exempt from
Stormwater management. Mr. Hoerle said that his concern is that the job is
executed carefully and considerately and that the plantings take into account more
emphasis on creature comfort of wildlife rather than the pleasure of the inhabitants
of the house.
Chairman Murley said he would like theWestern corner of the property to be
designated at the "No Mow" Zone. He said that typically the Commission would visit
the site after a years time to determine the plant survival in that area.
There was no further discussion and Chairman Murley closed this hearing.
Mr. Hoerle MOVED and Mr. LaBranche SECONDED the Motion to issue Order of
Conditions 1-18, 19, 20, 21, 22 silt fence, 24 sand base with 3/4" stone with one
intermittent pallet of cobblestones placed randomly, 26, 27, 29, 30, 33, 35, 37 in the
area of the Northwest corner of the property, delineated by large stones, 38 no
motorized machinery within 30' of the Top of the Coastal Bank. All work within the
30' shall be one by hand. The 30' Buffer shall be staked out prior to construction
and approved by the Conservation Agent.
THE VOTE WAS 3 IN FAVOR, 2 AGAINST, AND 1 ABSTENTION.
MOTION CARRIED.
9:20 P.M. Continuation of Hearing on Notice of Intent filed by Edward
Steinbauer, Nauset Haven on Minister's Pond Condominium
Trust, 3280 State Highway, Map 11, Parcel 049.
Chairman Murley announced this hearing. Mr. Collins recused himself from this
hearing and left the meeting at this time.
EASTHAM CONSERVATION COMMISSION
12 MAY 2006
MINUTES.
Deputy Usowski said this meeting had been continued to give time to hear from
Natural Heritage in regards to Plymouth Gentian and other potential species being
present at this site. She said a letter was received stating that this project will not
result in a prohibited "take" of state-listed rare species.
Chairman Murley said the Commission had asked Mr. Steinbauer to delineate the
width of the beach and that there was a question about drainage.
Mr. Smith said there is a perfect location in the landing of the steps for a drain so
that when the steps get replaced it would be a good time to do that. Mr. Steinbauer
said the there are no plans and no money to replace the steps this year.
Chairman Murley said that if the association wishes to add sand at some time, they
will need to get approval to do so. He said the beach can be raked clean. He said
that by delineating the beach with a permanent marker that will allow the vegetation
to grow up at the edges. Mr. Murley said it seems that the association has been
very good stewards of the property since it became condominiumized.
There were no further questions or comments and Chairman Murley closed this
hearing. Ms. Williams MOVED and Mr. Hoerle SECONDED the Motion for Order of
Conditions 1-18, 19, 20, 21, 22, 24, 25, 26, 27, 29, 34 maintenance of property in
outlined way, 35, 38 delineate edge of beach area, 39 a French drain shall be
installed in the step landing when the steps are replaced.
SO VOTED UNANIMOUSLY.
Deputy Usowski brought up the fact that Ms. William's and Mr. Smith's terms will be
expiring in June. Mr. Smith said he would like to keep serving and Ms. Williams
said she will not be re-applying. Deputy Usowski asked Ms. Williams to write a
letter to the Board of Selectmen so that the search for a new Commissioner can get
started as soon as possible.
There was no further business and Mr. Smith MOVED to adjourn at approximately
9:45 P.M. Mr. Hoerle SECONDED the Motion
SO VOTED UNANIMOUSLY.
Respectfully submitted.
Kay Stewart-Greeley,
Clerk
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